Terms of service
OVERVIEW
Welcome to Strike Force Studio! The terms “we”, “us” and “our” refer to Strike Force Studio. Strike Force Studio operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Strike Force Studio is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. These Terms constitute a binding agreement between you and Strike Force Studio in accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECT Act).
Important Legal Notice: These Terms include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
Acceptance and Governing Law: By visiting, interacting with, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you must immediately cease use of our Services.
South African Law Fallback: Notwithstanding any international consumer guidelines, these Terms are governed by and shall be construed in accordance with the laws of the Republic of South Africa. Any disputes arising from the use of these Services shall be subject to the exclusive jurisdiction of the South African courts.
SECTION 1 - ACCESS AND ACCOUNT
Age of Majority and Minors: By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in the Republic of South Africa). If you are under 18, you may only use these Services with the express involvement and consent of a parent or legal guardian. If you allow a minor dependent to use the Services, you accept full responsibility for their activity and any obligations they incur.
Accuracy of Information: To access our Services, including browsing our stores or purchasing products, you may be required to provide personal information (e.g., email, billing, and shipping details). In accordance with Condition 6 (Information Quality) of POPIA, you represent and warrant that all information you provide is correct, current, and complete. You agree to update this information promptly to maintain its accuracy.
Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breach.
Non-Transferability: Your account is personal to you. You may not transfer, sell, assign, or license your account or any related rights to any other person or entity.
Governing Law Fallback: All matters regarding contractual capacity and the protection of minor users are governed by the Children’s Act 38 of 2005 and the laws of the Republic of South Africa.
SECTION 2 - OUR PRODUCTS
Accuracy of Representation: We have made every effort to provide an accurate representation of our products and services (including digital renders and physical miniatures). However, in accordance with the ECT Act (Section 43), we must notify you that colors, textures, or the overall appearance of products may differ from how they appear on your screen. This is due to variations in photographic lighting, device screen settings, and calibration.
Expectations vs. Reality: While we strive for the highest quality, we do not warrant that the appearance of a final physical product will be a "perfect" pixel-for-pixel match to a digital render. By purchasing, you acknowledge that slight variations are an inherent part of the 3D printing and artistic process.
Standard of Quality: Notwithstanding the above, Strike Force Studio warrants that all products supplied will be of good quality, free of material defects, and reasonably suitable for their intended purpose, as required by Section 55 of the Consumer Protection Act.
Modifications and Availability: All descriptions of products and pricing are subject to change at any time without notice. We reserve the right to:
Discontinue any product or service at our sole discretion.
Limit the quantities of any products offered to any person or geographic region.
Refuse or cancel any order if we suspect it violates our Intellectual Property terms (e.g., unauthorized commercial resin casting).
Governing Law Fallback: Any claims regarding product quality or "misrepresentation" shall be evaluated against the standards set by the South African Consumer Protection Act.
SECTION 3 - ORDERS
Offer to Purchase: When you place an order on Strike Force Studio, you are making a legal offer to purchase our products. In accordance with the Electronic Communications and Transactions Act (ECT Act), a binding contract is only concluded once Strike Force Studio formally accepts your order and processes your payment.
Right to Decline: We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including but not limited to:
Errors in product descriptions or pricing.
Suspected unauthorized commercial use or "recasting" intent.
Issues identified by our fraud detection systems (e.g., Paystack security flags).
Payment and Confirmation: Order acceptance is contingent upon the receipt of full payment. Once your order is accepted, we will notify you via the email address provided.
Cancellations: Please review your order carefully. Once an order is accepted and moves into the production or fulfillment phase (especially for 3D printed miniatures or bespoke commissions), we may be unable to accommodate cancellation requests.
Personal Use Only: You represent and warrant that all purchases are for your own personal or household use. You are strictly prohibited from purchasing products for commercial resale, export for resale, or for the purpose of creating molds or digital copies (recasting/scanning) without an express commercial license from Strike Force Studio.
Refunds and Returns: Your purchases are subject to return or exchange strictly in accordance with our Refund Policy.
Governing Law Fallback: The formation and cancellation of all orders are governed by the ECT Act and the Consumer Protection Act (CPA) of the Republic of South Africa.
SECTION 4 - PRICES AND BILLING
Price Transparency: In accordance with Section 43 of the ECT Act, the price of each product or service is clearly displayed. Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email.
Taxes and Additional Charges:
VAT: Unless otherwise stated, prices are inclusive of Value Added Tax (VAT) where applicable.
Exclusions: Posted prices do not include shipping, handling, or customs and import duties (for international customers). These are calculated and added at checkout.
Pricing Errors: While we strive for 100% accuracy, Strike Force Studio is not bound by "Inadvertent and Obvious Errors" in pricing (e.g., a technical glitch showing a price that no reasonable consumer would believe to be correct). In such cases, we reserve the right to cancel the order and provide a full refund.
Billing Information: You agree to provide current, complete, and accurate purchase, payment, and account information. You must promptly update your account (including email and card details) so we can complete transactions and comply with SARS Record-Keeping requirements.
Payment Warranties: You represent and warrant that:
1. The credit card or payment information (e.g., via Paystack) is true and complete.
2. You are duly authorized to use such payment method.
3. Charges will be honored by your financial institution.
4. You will pay the full posted price, including all shipping and handling charges.
Governing Law Fallback: All financial transactions, tax invoicing, and pricing disputes are governed by the VAT Act, the Tax Administration Act, and the laws of the Republic of South Africa.
SECTION 5 - SHIPPING AND DELIVERY
Delivery Obligations: In accordance with Section 19 of the CPA, Strike Force Studio is responsible for delivering the goods to you at the agreed location. While we provide estimated delivery times, these are estimates only. We are not liable for delays caused by shipping carriers (e.g., Pudo, The Courier Guy), customs processing for international orders, or events of force majeure (load shedding, civil unrest, or strikes).
Transfer of Risk: Risk of loss and title for the products pass to you upon physical delivery to the address specified in your order. If you (or your authorized representative) accept the package from the courier, the delivery is deemed complete.
Shipping Insurance: * Standard Shipping: Our standard shipping rates include the basic liability cover provided by the courier (which is often limited).
Optional Enhanced Insurance: For high-value items or bespoke commissions, Strike Force Studio strongly recommends selecting "Insured Shipping" at checkout.
Liability Limitation: If you decline the enhanced insurance, Strike Force Studio’s liability for items lost or damaged in transit is strictly limited to the amount recoverable from the courier’s standard terms. We will not be held liable for the "artistic value" or "time-cost" of a replacement if insurance was not opted for.
Inspection Upon Receipt: You are required to inspect the packaging for visible damage before signing for the delivery. If the box is crushed or opened, please note this on the courier’s waybill and contact us within 24 hours.
Governing Law Fallback: All delivery disputes and claims for loss in transit are governed by the Consumer Protection Act and the laws of the Republic of South Africa.
SECTION 6 - INTELLECTUAL PROPERTY
Ownership of Content: The Services and all related content—including but not limited to 3D models (STLs), digital renders, physical miniature designs, trademarks, logos, text, graphics, and audio-visual material—are the exclusive property of Strike Force Studio, its affiliates, or licensors. This content is protected by the South African Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and international intellectual property treaties.
Limited Personal License: These Terms grant you a limited, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use only.
Prohibited Actions: You are strictly prohibited from:
Reproducing, distributing, modifying, or creating derivative works of any digital or physical material (e.g., "remixing" an STL or scanning a physical mini to create a digital file).
Publicly displaying or republishing our content without prior written consent.
Using our trademarks, logos, or brand names in a way that suggests an official endorsement or affiliation.
3D Printing and Digital Files: If you purchase digital files (STLs), the license is for personal printing only. You may not sell the digital files, share them in "printing pools," or sell physical prints of the models unless you hold an explicit Commercial License from Strike Force Studio.
Reservation of Rights: No right, title, or interest in any intellectual property is transferred to you. All rights not expressly granted are reserved by Strike Force Studio.
Governing Law Fallback: Any claims of infringement or disputes regarding ownership shall be governed by the laws of the Republic of South Africa.
SECTION 7 - OPTIONAL TOOLS
Access to Third-Party Tools: We may provide you with access to third-party tools (such as 3D model viewers, currency converters, or digital file hosting) which we neither monitor nor over which we have any control.
"As-Is" Disclaimer (CPA Section 49 Notice): You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind. Strike Force Studio does not endorse these tools.
Limitation of Liability: In accordance with the ECT Act, Strike Force Studio shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of these tools is entirely at your own risk and discretion.
Third-Party Terms: It is your responsibility to ensure that you are familiar with and approve of the terms and privacy practices provided by the relevant third-party provider(s) (e.g., Shopify’s app ecosystem or external STL hosting sites).
Future Features: Any new features, tools, or resources released through the Services in the future shall also be subject to these Terms of Service.
Governing Law Fallback: Any disputes regarding the integration or provision of these tools shall be governed by the laws of the Republic of South Africa.
SECTION 8 - THIRD-PARTY LINKS
Third-Party Content: The Services may contain materials and hyperlinks to websites provided or operated by third parties (such as hobbyist blogs, painting tutorials, or external community forums). In accordance with Section 76 of the ECT Act, Strike Force Studio provides these links only as a convenience and does not monitor, endorse, or assume responsibility for the content, accuracy, or privacy practices of these third parties.
Assumption of Risk (CPA Section 49 Notice): If you decide to leave our Services to access third-party materials or websites, you do so entirely at your own risk. Strike Force Studio is not liable for any harm, loss, or damages related to your access to, or use of, any third-party websites or the products and services offered therein.
Independent Transactions: Any transaction you engage in on a third-party website is strictly between you and that third party. We strongly recommend that you review their specific policies and practices before proceeding.
Dispute Resolution: Complaints, claims, or questions regarding third-party products and services must be directed to the relevant third party. Strike Force Studio will not act as a mediator in disputes involving third-party providers.
Governing Law Fallback: Any claims regarding the provision of hyperlinks or access to third-party content shall be governed by the laws of the Republic of South Africa.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Platform Provider: Strike Force Studio is powered by Shopify, which provides the e-commerce infrastructure that enables us to offer our Services to you.
Direct Contract: You acknowledge and agree that any sales and purchases made through this Store are a direct contractual relationship between you and Strike Force Studio only.
Limitation of Shopify’s Liability: In accordance with the Electronic Communications and Transactions Act (ECT Act) regarding intermediary service providers:
Shopify is not a party to the transaction and is not responsible for any aspect of sales between you and Strike Force Studio.
This includes, but is not limited to, product quality, delivery, injury, damage, or loss resulting from purchased products and services.
Release of Liability: You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Strike Force Studio.
Data Processing Role: Under the Protection of Personal Information Act (POPIA), Shopify acts as an "Operator" (processing data on our behalf), while Strike Force Studio remains the "Responsible Party" accountable for your personal information.
Governing Law Fallback: While Shopify operates internationally, your primary legal recourse for all purchase-related disputes remains with Strike Force Studio under the laws of the Republic of South Africa.
SECTION 10 - PRIVACY POLICY
Incorporation of Privacy Policy: All personal information collected through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and understood how your personal information is processed by Strike Force Studio.
Shopify’s Role: Because Strike Force Studio is hosted by Shopify, certain information is collected and processed by Shopify to ensure the security and functionality of the store. You acknowledge Shopify’s Privacy Policy as it pertains to their role as our technical service provider.
Transborder Information Flows (POPIA Section 72): To provide our Services, your personal information (such as name, shipping address, and payment details) will be transmitted to and processed by Shopify and its partners in foreign jurisdictions (including but not limited to Canada, the USA, and the EU).
Adequacy: You acknowledge that these transfers are necessary for the performance of the contract (completing your order).
Protection: Strike Force Studio ensures that our service providers (like Shopify) are subject to data protection laws or binding agreements that provide a level of protection substantially similar to POPIA.
Third-Party Consent: By submitting your information and completing a purchase, you provide express consent for this cross-border transfer of data in order to facilitate international payment processing and shipping.
Governing Law Fallback: All data processing disputes and the exercise of your data rights (access, correction, or deletion) are governed by the Protection of Personal Information Act (POPIA) of the Republic of South Africa.
SECTION 11 - FEEDBACK
License to Feedback and Reviews: If you submit reviews, photos of painted miniatures, or suggestions (“Feedback”), you grant Strike Force Studio a perpetual, worldwide, royalty-free license to use, modify, and display such content for marketing and operational purposes. This includes sharing your work on our social media or website to showcase the community’s talent.
POPIA and Personal Information: In accordance with POPIA, by posting a review or feedback, you consent to the public display of your provided name (or alias) and the content of your review. If you wish to have a review removed to protect your privacy, please contact our Information Officer.
Liability for User Content (ECT Act Section 78): Strike Force Studio does not have a general obligation to monitor user-generated feedback. In accordance with Section 78 of the ECT Act, we are not liable for any feedback posted by you or any third party. However, we reserve the right to remove any content that we, in our sole discretion, deem:
Defamatory, obscene, or offensive.
A violation of intellectual property (e.g., photos of pirated/recast models).
Malware or "spam."
Representations and Warranties: You represent that you own the rights to any Feedback you post (e.g., you took the photo of the miniature yourself) and that your submission does not violate any third-party rights.
No Compensation: You acknowledge that Strike Force Studio is under no obligation to maintain Feedback in confidence or pay compensation for the use of such Feedback.
Governing Law Fallback: All disputes regarding user-generated content, defamation, or privacy in reviews are governed by the Cybercrimes Act, POPIA, and the laws of the Republic of South Africa.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Clerical Errors: Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, shipping charges, transit times, and availability.
Right to Correct: We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
Obvious Pricing Errors (CPA Section 23 Notice): In accordance with Section 23(9) of the CPA, Strike Force Studio is not bound by an advertised price if that price contains an inadvertent and obvious error.
If an order is placed for an item with an obvious pricing error (e.g., a technical glitch resulting in a price significantly below market value), we reserve the right to cancel the order, even after a confirmation email has been sent.
In such cases, we will notify you and provide a full refund of any amount paid.
Order Cancellation: We reserve the right to cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Governing Law Fallback: The determination of what constitutes an "obvious error" and the procedures for correcting such errors are governed by the Consumer Protection Act and the common law of the Republic of South Africa.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. In accordance with the Cybercrimes Act 19 of 2020 and the Electronic Communications and Transactions Act (ECT Act), you may not access or use the Services, directly or indirectly:
Unlawful Conduct: For any unlawful or malicious purpose, including violating any local, provincial, or international regulations.
Intellectual Property Piracy: To infringe upon or violate our intellectual property rights or the rights of others. This strictly prohibits:
Recasting: Using our physical products to create molds for reproduction.
Digital Distribution: Sharing, reselling, or "remixing" our STL files without a commercial license.
Abuse and Harassment: To harass, defame, or intimidate our employees, partners, or other users.
Spam and Deception: To transmit "junk mail," "spam," or false information, or to impersonate any person or entity.
Data Interference: To engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may expose Strike Force Studio, Shopify, or our users to liability.
In addition, you agree not to:
Malicious Code: Upload or transmit viruses or any other malicious code that could affect the functionality of the Services.
Commercial Exploitation: Reproduce, duplicate, copy, or sell any portion of the Services (including digital files and product imagery) without express written consent.
Unauthorized Scraping/Tracking: Use any automated system (spiders, robots, or scrapers) to collect personal information of others or to harvest data from our store.
Security Circumvention: Attempt to bypass or interfere with the security features of the Services or any related website.
Enforcement: Strike Force Studio reserves the right to suspend or terminate your account and access to the Services immediately, without notice, if we determine you have violated these Terms. Any unauthorized access or data interception may be reported to the South African Police Service (SAPS) in accordance with the Cybercrimes Act.
SECTION 14 - TERMINATION
Right to Terminate: Strike Force Studio reserves the right to terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time.
Grounds for Termination: While we may terminate without notice for breaches of these Terms (such as IP theft or fraud), for general account closures, we will act in accordance with the Electronic Communications and Transactions Act (ECT Act) regarding the cessation of online services.
Accrued Obligations: Termination of this agreement does not relieve you of your obligation to pay any amounts due for orders already processed or completed up to and including the date of termination.
Survival of Clauses (Secondary Obligations): Even after this agreement ends, certain sections remain in full force and effect to protect both parties. These "Surviving Clauses" include:
Intellectual Property (Your license to use our art ends, but our ownership remains).
Limitation of Liability & Indemnification (You cannot sue us later for past transactions).
Governing Law & Dispute Resolution (Any post-termination fights must still happen in SA courts).
Privacy Policy & Data Retention (We will retain your data only as long as required by POPIA or tax law).
Disclaimer of Warranties.
Governing Law Fallback: The termination of this agreement and the interpretation of surviving rights are governed by the Consumer Protection Act and the Common Law of the Republic of South Africa.
SECTION 15 - DISCLAIMER OF WARRANTIES
Informational Purpose: All information on the Services is for general information only. While Strike Force Studio strives for accuracy, any reliance you place on such information is at your own risk.
Statutory Warranties (CPA Section 55 & 56): Notwithstanding any other provision in these Terms, Strike Force Studio warrants that all physical products will be of good quality, free of material defects, and reasonably suitable for their intended purpose for a period of six (6) months from delivery.
Exclusion: This warranty does not apply to damage caused by misuse, unauthorized modifications (e.g., poor hobbyist "kitbashing"), or ordinary wear and tear.
Service Availability: We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Services for indefinite periods or cancel the Services at any time, without notice to you.
Limitation of Liability (The "Big Shield"): To the maximum extent permitted by South African law, Strike Force Studio, its directors, or employees shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind. This includes, without limitation:
Lost profits or lost revenue.
Loss of data or replacement costs.
Damages arising from your use of any products procured using the Services (e.g., if a resin miniature is dropped and breaks).
CPA Section 49 Notice: By using these Services, you expressly acknowledge and accept that Strike Force Studio’s liability is limited as set out above. This limitation is necessary to provide bespoke artistic products at the listed price points.
Governing Law Fallback: This section shall be interpreted in accordance with the Consumer Protection Act and the laws of the Republic of South Africa.
SECTION 16 - LIMITATION OF LIABILITY
IMPORTANT NOTICE (CPA SECTION 49): This section limits your right to claim damages from Strike Force Studio. Please read it carefully.
General Limitation: To the fullest extent permitted by South African law, Strike Force Studio, our directors, employees, and affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Exclusion of Specific Damages: This includes, without limitation:
Lost Profits or Revenue: (e.g., if you bought a mini for a tournament that was cancelled).
Loss of Data or Savings: (e.g., if a digital download link fails or a discount code doesn't work).
Replacement Costs: (e.g., costs incurred to source a similar product elsewhere).
Scope of Liability: This limitation applies whether the claim is based in contract, delict (including negligence), strict liability, or otherwise, arising from your use of any of our Services or any products procured through the Store.
Exceptions (CPA Compliance): Nothing in these Terms shall limit or exclude our liability for:
Gross Negligence or Wilful Misconduct: As required by Section 51 of the CPA.
Death or Personal Injury: Caused by our proven negligence.
Statutory Rights: Any other liability that cannot be excluded under the laws of the Republic of South Africa.
Third-Party Claims: Strike Force Studio shall not be liable for any claims related to content (or products) posted or transmitted by third parties, even if we have been advised of the possibility of such damages.
Governing Law Fallback: Any dispute regarding the extent of our liability shall be determined by the courts of the Republic of South Africa.
SECTION 17 - INDEMNIFICATION
Your Responsibility to Protect Us: You agree to indemnify, defend, and hold harmless Strike Force Studio, Shopify, and our respective affiliates, directors, and employees from any losses, liabilities, or claims (including legal costs) made by any third party due to:
1. Your breach of these Terms of Service.
2. Your violation of any South African or international law (e.g., the Cybercrimes Act or Copyright Act).
3. Your infringement of the rights of a third party (e.g., if you post a review using someone else's copyrighted photo).
Legal Costs (Attorney and Own Client): You agree that "reasonable attorneys' fees" shall be calculated on an "Attorney and Own Client" scale. This ensures that Strike Force Studio is not left out of pocket for the difference between court-set tariffs and actual legal billing rates.
Notification and Defense: * We will notify you of any claim that falls under this indemnity.
Strike Force Studio reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
You agree to cooperate fully in our defense and you may not settle any claim without our prior written consent.
CPA Section 49 Compliance: This indemnity is a significant assumption of risk by you. By using our Services, you acknowledge that you understand these obligations and agree to be bound by them as a necessary condition for accessing Strike Force Studio’s products.
Governing Law Fallback: All indemnity claims and the calculation of legal costs are governed by the Legal Practice Act and the laws of the Republic of South Africa.
SECTION 18 - SEVERABILITY
Preservation of Agreement: In the event that any provision of these Terms of Service is determined by a court or authority of competent jurisdiction to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
The "Blue Pencil" Rule: The unenforceable portion shall be deemed to be severed from these Terms. Strike Force Studio and the Customer agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Terms shall continue in full force and effect.
CPA Compliance (Section 51): In accordance with Section 51 of the Consumer Protection Act, if any term or condition is found to be prohibited or "void," it will be severed from the agreement to the extent that it is possible to do so without altering the fundamental nature of the contract.
Governing Law Fallback: The principles of severability and the "Blue Pencil Test" shall be applied in accordance with the Common Law of the Republic of South Africa.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
No Implicit Waiver: The failure of Strike Force Studio to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of a right must be in writing and signed by an authorized representative of Strike Force Studio to be valid.
Entire Agreement (The Integration Rule): These Terms of Service, along with any policies or operating rules posted by us on the site (such as our Shipping or Refund Policies), constitute the entire agreement and understanding between you and Strike Force Studio.
Superseding Clause: This agreement governs your use of the Services and supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
Non-Variation (Shifren Clause): No variation, modification, or consensual termination of these Terms shall be of any force or effect unless it is reduced to writing and signed by both parties (or updated by Strike Force Studio on this website as permitted herein).
Interpretation (CPA Section 4): In accordance with Section 4(3) of the CPA, if any provision of these Terms is found to be ambiguous, it will be interpreted in a way that is most favorable to the consumer—provided that the interpretation is reasonable. Strike Force Studio strives to use plain language to avoid such ambiguities.
Governing Law Fallback: The interpretation of this "Entire Agreement" and the validity of any waivers are governed by the Common Law of the Republic of South Africa.
SECTION 20 - CESSION, DELEGATION, AND ASSIGNMENT
Your Restrictions: You may not delegate, transfer, cede, or assign this Agreement or any of your rights or obligations under these Terms (such as your account or digital licenses) to any other person or entity without the prior written consent of Strike Force Studio. Any attempt to do so without our consent will be null and void.
Our Rights (Business Continuity): Strike Force Studio may freely transfer, cede, or delegate our rights and obligations under these Terms—for example, in the event of a merger, acquisition, or sale of the studio—without your prior consent.
CPA Compliance (Section 51): Any such transfer or delegation by Strike Force Studio will not be to your detriment. If the studio is sold or transferred, the new owner will be bound to honor these Terms, including any outstanding orders or digital rights already purchased by you.
Effect of Transfer: Upon any such transfer or delegation by us, Strike Force Studio shall be released from its future obligations under these Terms, provided the new entity assumes those responsibilities in full.
Governing Law Fallback: The validity and effect of any cession, delegation, or assignment shall be governed by the Consumer Protection Act and the Common Law of the Republic of South Africa.
SECTION 21 - GOVERNING LAW
Governing Law: These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Consent to Jurisdiction: You and Strike Force Studio agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
Magistrates' Court Jurisdiction: You specifically consent to the jurisdiction of the Magistrates' Court for the district in which Strike Force Studio is headquartered (Randburg/Johannesburg), notwithstanding that the amount in dispute may exceed the ordinary jurisdiction of the Magistrates' Court.
Consumer Redress (CPA Section 69): In accordance with the Consumer Protection Act (CPA), you have the right to seek redress through:
1. The National Consumer Commission (NCC).
2. An accredited Industry Ombud (if applicable).
3. The National Consumer Tribunal (NCT).
ECT Act Compliance: These Terms are concluded in the Republic of South Africa at the time and place where Strike Force Studio receives your electronic acceptance of the offer (the completion of your purchase), as per the Electronic Communications and Transactions Act (ECT Act).
SECTION 22 - HEADINGS
Navigational Use Only: The headings used in this agreement are included for convenience and navigational purposes only.
No Interpretative Weight: You agree that these headings shall not limit, expand, or otherwise affect the interpretation of the substantive provisions of these Terms of Service.
Plain Language (CPA Section 22): While headings are used to assist with the "Plain Language" requirements of the Consumer Protection Act (CPA), the specific rights and obligations are contained within the text of the clauses themselves.
Governing Law Fallback: The use of headings as a navigational tool shall be interpreted in accordance with the Common Law of the Republic of South Africa.
SECTION 23 - CHANGES TO TERMS OF SERVICE
This final section addresses how the "rules of the game" can change. In South Africa, the Consumer Protection Act (CPA) and POPIA prohibit "unilateral material changes" that catch a consumer off guard.
If you make a major change (like doubling shipping fees or changing how you handle personal data), simply posting it on the site might not be legally enough. You often need to provide "Reasonable Notice" so the customer can choose to stop using your service if they don't agree.
Revised Section 23: Changes to Terms of Service
Right to Update: Strike Force Studio reserves the right, at our sole discretion, to update, change, or replace any part of these Terms of Service.
Notification of Material Changes: If we make a material change (a change that significantly affects your rights or obligations), we will notify you by:
Posting a prominent notice on our homepage; and/or
Sending an email notification to the address associated with your account.
Review Period: We will aim to provide at least 30 (thirty) days' notice before any material changes take effect, allowing you time to review the new terms.
Acceptance by Use: Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, your sole remedy is to cease using the Services and close your account.
Historical Versions: We recommend you check this page periodically for updates. We will maintain a "Last Updated" date at the top of these Terms for your convenience.
Governing Law Fallback: The fairness and notice periods for changing these Terms are governed by the Consumer Protection Act and the Protection of Personal Information Act (POPIA) of the Republic of South Africa.
SECTION 24 - CONTACT INFORMATION
In accordance with Section 43 of the ECT Act and the Protection of Personal Information Act (POPIA), our full business and contact details are as follows:
Trading Name: Kimon Kramvis t/a Strike Force Studio
Legal Entity Name: Kimon Kramvis
VAT Number: N/A
Physical Address (Domicilium Citandi et Executandi): Berg En Dal, Unit 38, 28 6th Rd W, Northcliff, Randburg, 2035
Telephone Number: +27 82 903 1776
Official Email Address: Modo@StrikeForceStudio.com
Website Address: strikeforcestudio.com
